In the state of Florida transferring title and ownership of real property is done via a deed. When transferring title and ownership of a property you sign a deed which conveys said transference to the new owner. All deeds in the State of Florida must be signed in the presence of 2 witnesses and a notary public. You must use the appropriate and legally correct deed in order to transfer title. Doing a transference of property with an incorrect deed type would result in a cloud on the title. This would render you unable to transfer a clean title of the property.
So, what types of deeds are used in the State of Florida? We’re glad you asked! Here’s a snapshot of the most common types:
Fee Simple Deed
This category of deed conveys title of a property to a new owner. The seller, or grantor, is not offering guarantees, warranties or covenants.
Personal Representative Deeds
Based on the fee simple deed concept of not containing any covenants or warranties, this is where a personal representative transfers real property from an estate to an heir or buyer.
General Warranty Deed
The most common deed type in Florida real estate transactions. By signing a General Warranty Deed, you are asserting that you are the current owner and have the authority to transfer the property rightfully. You are also saying that there are no undisclosed liens, title defects, or encumbrances that would prohibit you from transferring the title to the new owner, to use the property, you are protecting the buyer against all claims made by others to the property.
Statutory Warranty Deed
Provides the same 5 assertions as the General Warranty Deed, this was created by a Florida statute as a short-form version of the General Warranty Deed.
Special Warranty Deed
This deed type conveys the same 5 assertions as the General Warranty Deed, but the period covered by said assertion only spans to the amount of time the owner held title to this property. This does not cover the time of past owners, prior to the current seller’s ownership. The language of this deed is limited to state: “arise by, through, or under the grantor, but no others.”
Life Estate Deed
This sort of deed transfers title of a property to a person for, and during, their natural lifetime. Transference happens again, once the person passes away in a fee simple deed style.
Quit Claim Deed
This sort of deed does not provide any warranties and does not claim to transfer a fee simple title. The only purpose of this deed type is for a person to state that if they own any interest in a property they are “quitting”, or withdrawing, their claim to said property.
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